1-1 AN ACT 1-2 relating to municipal or county regulation on the placing, 1-3 screening, or height of amateur radio antennas. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 250, Local Government Code, is amended by 1-6 adding Section 250.002 to read as follows: 1-7 Sec. 250.002. REGULATION OF AMATEUR RADIO ANTENNAS. (a) A 1-8 municipality or county may not enact or enforce an ordinance or 1-9 order that does not comply with the ruling of the Federal 1-10 Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd 1-11 952 (1985)" or a regulation related to amateur radio service 1-12 adopted under 47 C.F.R. Part 97. 1-13 (b) If a municipality or county adopts an ordinance or order 1-14 involving the placement, screening, or height of an amateur radio 1-15 antenna based on health, safety, or aesthetic conditions, the 1-16 ordinance or order must: 1-17 (1) reasonably accommodate amateur communications; and 1-18 (2) represent the minimal practicable regulation to 1-19 accomplish the municipality's or county's legitimate purpose. 1-20 (c) This section does not prohibit a municipality or county 1-21 from taking any action to protect or preserve a historic, 1-22 historical, or architectural district that is established by the 1-23 municipality or county or under state or federal law. 1-24 SECTION 2. The importance of this legislation and the 2-1 crowded condition of the calendars in both houses create an 2-2 emergency and an imperative public necessity that the 2-3 constitutional rule requiring bills to be read on three several 2-4 days in each house be suspended, and this rule is hereby suspended, 2-5 and that this Act take effect and be in force from and after its 2-6 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1345 was passed by the House on March 17, 1999, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 1345 on April 27, 1999, by the following vote: Yeas 140, Nays 0, 1 present, not voting. _______________________________ Chief Clerk of the House I certify that H.B. No. 1345 was passed by the Senate, with amendments, on April 19, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor